BEFORE THE

PENNSYLVANIA PUBLIC UTILITY COMMISSION

PECO Energy Company Pilot Plan for an :

Advance Payments Program and Petition for : P-2016-2573023

Temporary Waiver of Portions of the Commission’s :

Regulations with respect to the Plan :

PREHEARING CONFERENCE ORDER #2

By Notice dated December 16, 2016, an Initial Prehearing Conference was scheduled for Monday, January 23, 2017, at 1:30 p.m. regarding this proceeding. The Prehearing Conference convened as scheduled. The parties were connected telephonically. The following counsels for the parties were present:[1]

  1. PECO Energy Company (PECO or Company)

Ward Smith, Esquire

  1. Coalition for Affordable Utility Service and Energy Efficiency in Pennsylvania (CAUSE-PA)

Joline Price, Esquire

Patrick Cicero, Esquire

  1. Direct Energy and Retail Energy Supply Association (RESA)

Deanne O’Dell, Esquire

  1. Bureau of Investigation and Enforcement (I&E)

Gina Miller, Esquire

  1. Office of Consumer Advocate (OCA)

Lauren Burge, Esquire

  1. Tenant Union Representative Network and Action Alliance of Senior Citizens of Greater Philadelphia (TURN)

Robert Ballenger, Esquire

Lydia Gottesfeld, Esquire

Josie Pickens, Esquire

The following parties filed Petitions to Intervene in this proceeding:

1.  CAUSE-PA on November 15, 2016;

2.  TURN on November 16, 2016;

3.  RESA on January 19, 2017; and

4.  Direct Energy on January 20, 2017.

There is no objection to any of the above Petitions to Intervene. The Petitions to Intervene are granted as directed by the ordering paragraphs below.

The parties agreed to the following procedural schedule for this proceeding:

Subject Due Date

Direct Testimony March 7, 2017[2]

of PECO

Direct Testimony May 16, 2017

of Non-PECO Parties

Rebuttal Testimony June 27, 2017

Surrebuttal Testimony July 25, 2017

Evidentiary Hearings in Harrisburg August 29-30, 2017[3]

Main Briefs October 17, 2017

Reply Briefs November 8, 2017

The I&E stated a preference for the evidentiary hearings to take place in Harrisburg. No party objected and the undersigned Administrative Law Judge (ALJ) agreed to travel to Harrisburg. After some discussion, it was directed that two public input hearings be scheduled—one to take place in the morning to be scheduled no earlier than 9 a.m. and one to take place in the evening to start no later than 6:30 p.m. The parties were directed to propose locations and dates as well as any other detail for these public input hearing no later than close of business (4:30 p.m.) January 30, 2017. The scheduling of the public input hearings will be by separate notice.

Consistent with Commission regulations at 52 Pa.Code §§ 1.54(b)(3) and (4), the undersigned ALJ agrees to be served electronically with several conditions: (1) any testimony must be in Word compatible format (Adobe is not acceptable; however, a Word file along with an Adobe file of the same testimony is acceptable); and (2) electronic service must be followed by a hard copy. If the parties have electronic service with the Commission, the Commission does not need a hard copy. The email address for the undersigned is, ALJ Jones – .

The OCA proposed modifications to discovery rules at Title 52 of the Pennsylvania Code, Subpart A, Subchapter D, 52 Pa.Code § 5.321 et seq. The proposed modifications were as follows:

A. Answers to written interrogatories propounded in preparation of direct and rebuttal testimony shall be served in-hand within ten (10) calendar days of service. Discovery propounded after 12:00 noon on a Friday will be deemed served on the next business day for purposes of determining the due date of the responses.

B. Objections to interrogatories shall be communicated orally within three (3) calendar days of service of the interrogatories; unresolved objections shall be served to the ALJ in writing within five (5) days of service of interrogatories. Objections to interrogatories served on a Friday shall be communicated orally within four (4) calendar days, and unresolved objections shall be served to the ALJ in writing within six (6) days of service of the interrogatories.

C. Motions to dismiss objections and/or direct the answering of interrogatories shall be filed within three (3) calendar days of service of the written objections.

D. Answers to motions to dismiss objections and/or direct the answering of interrogatories shall be filed within three (3) calendar days of service of such motions.

E. Responses to requests for document production, entry for inspection, or other purposes must be served in-hand within ten (10) calendar days.

F. Requests for admissions will be deemed admitted unless answered within ten (10) calendar days or objected to within five (5) calendar days of service.

Counsel for PECO had no objection to the proposed modifications to discovery rules. The requested modifications to discovery are granted as directed by the order paragraph below.

The undersigned ALJ requested counsel for the Company to coordinate and to submit no later than close of business (4:30 p.m.) Friday, August 25, 2017, a matrix of witnesses to be presented at the evidentiary hearings. The matrix is to include the order of witness presentation for each day, whether the witness is to be presented in the morning or afternoon, and at the discretion of counsel, an estimate of the amount of cross examination, if any, by each active participant.

The parties are reminded that pre-filed testimony shall be accompanied with verification. Thus, consistent with rules of evidence the testimony is sworn to be true and verified in the event the witness is not presented live for cross examination. 52 Pa.Code §5.412(c).

It is noted that the active parties listed as participating in the prehearing conference which convened on January 23, 2017, are the parties to this proceeding. These active parties complied with the Prehearing Order dated December 21, 2016. The parties list for this proceeding will be modified to include only these parties. The parties list is the service list of this Order. The email address for these parties are as follows:

PECO—

CAUSE-PA—

Direct Energy and RESA—


I&E—

OCA—

TURN—

Lastly, the Commission addressed procedure concerning pre-served testimony by Implementation Order, Docket No. M-2012-2331973 (entered January 10, 2013). Consistent with the Implementation Order, parties submitting pre-served testimony in proceedings pending before the Commission pursuant to 52 Pa. Code § 5.412(f) shall be required, within thirty (30) days after the final hearing in an adjudicatory proceeding, to either e-file with or provide to the Secretary’s Bureau a Compact Disc (CD) containing all testimony furnished to the court reporter during the proceeding. Parties to this proceeding are reminded to comply with the Implementation Order.

THEREFORE;

IT IS ORDERED:

1.  That the Petition to Intervene filed by counsel for the Coalition for Affordable Utility Services and Energy Efficiency in Pennsylvania on November 15, 2016, is granted.

2.  That the Petition to Intervene filed by counsel for the Tenant Union Representative Network and Action Alliance of Senior Citizens of Greater Philadelphia on November 16, 2016, is granted.

3.  The Petition to Intervene filed by counsel for the Retail Energy Supply Association on January 19, 2017, is granted.

4.  The Petition to Intervene filed by counsel for Direct Energy on January 20, 2017, is granted.

5.  That the procedural schedule for this matter is established consistent with the content of this Order as:

Subject Due Date

Direct Testimony March 7, 2017

of PECO

Direct Testimony of May 16, 2017

Non-PECO parties

Rebuttal Testimony June 27, 2017

Surrebuttal Testimony July 25, 2017

Evidentiary Hearings in Harrisburg August 29-30, 2017

Main Briefs October 17, 2017

Reply Briefs November 8, 2017

  1. That discovery will be conducted consistent with 52 Pa.Code § 5.321 et seq, and the modifications contained in this Order.
  1. That the parties will propose a public input schedule consistent with the content of this Order by no later than close of business (4:30 p.m.) January 30, 2017.
  1. That this matter is set for hearing.

Dated: January 24, 2017 ______

Angela T. Jones

Administrative Law Judge

8

PECO Energy Co. Pilot Plan for an Advance Payment Program and Petition for Temporary Waiver of Portions of the Commission’s Regulations with Respect to that Plan

Docket No. P-2016-2583023

SERVICE LIST

WARD L SMITH ESQUIRE

EXELON BUSINESS SERVICES CORP

LEGAL DEPARTMENT S23-1

2301 MARKET STREET

PHILADELPHIA PA 19103

215.841.6863

Accepts e-Service

LAUREN M BURGE ESQUIRE

HARRISON W BREITMAN ESQUIRE

OFFICE OF CONSUMER ADVOCATE

5TH FLOOR FORUM PLACE

555 WALNUT STREET

HARRISBURG PA 17101-1923

717.783.5048

JOHN R EVANS DIRECTOR

OFFICE OF SMALL BUSINESS ADVOCATE

300 N SECOND STREET SUITE 202

HARRISBURG PA 17101

GINA L LAUFFER ESQUIRE

PA PUBLIC UTILITY COMMISSION

BUREAU OF INVESTIGATION AND ENFORCEMENT

400 NORTH STREET

HARRISBURG PA 17120

717.783.8754

Accepts e-Service

JOLINE PRICE ESQUIRE

PA UTILITY LAW PROJECT

PENNSYLVANIA UTILITY LAW PROJECT

118 LOCUST STREET

HARRISBURG PA 17101

717.236.9486

Accepts e-Service


JOSIE B H PICKENS ESQUIRE

LYDIA R GOTTESFELD ESQUIRE

ROBERT W BALLENGER ESQUIRE

COMMUNITY LEGAL SERVICES INC

1424 CHESTNUT STREET

PHILADELPHIA PA 19102

215.981.3788

Accepts e-Service

8

[1] Mr. Ernest Logan Welde, Esquire for Clean Air Council and Mr. Mark Szybist for Natural Resource Defense Fund were present monitoring the case and did not intervene as a party.

[2] Parties agreed to best efforts by Mr. Ward to respond to any discovery the first week following PECO’s Direct testimony. All due dates are “in-hand” meaning service to be in hand no later than 4:30pm. Electronic service or fax service on the due date will satisfy the “in-hand” requirement followed by hard copy.

[3] Start time for August 29, 2017 is 10 a.m. Start time for August 30, 2017 is 9 a.m.